Guilty Until Proven Innocent
by Emma Charming
Summary: Disclaimer: I don't own Pretty Little Liars.
1. Chapter 1

Guilty Until Proven Innocent

Chapter One

**Summary:** It's been a year since Spencer and Toby were last accused of killing Alison, and things have gone back to a somewhat normalcy. But things never stay "normal" in Rosewood for very long.

**Disclaimer:** I don't own Pretty Little Liars.

It has been a year since Spencer Hastings and Toby Cavanaugh were accused of killing Alison DiLaurentis. And after the police realized that they had no solid evidence against either of the two teens for the murder, all of the charges were dropped. Yes, practically everyone in Rosewood still yells hate threats at Toby and cross the street when they see him coming; and practically everyone still thinks that Spencer and her friends are liars, but other than that, everything in Rosewood has gone back to being normal. Well, as normal as normal can be in Rosewood. And it's at this point that our story starts.

Spencer Hastings was sitting in the kitchen area of her house with her friends and Toby when there was a knock on the front door. With a smile towards her friends over something that Hanna had said, Spencer got up to go answer the knocker. However, on her way down the hallway, Spencer noticed that someone else in her family had already beaten her to it.

"I'm really sorry for disturbing you Veronica, but I need Emily at home. Is it okay if I come in and get her?" Spencer heard Emily's mom, Pam, say to her own mom.

"Of course Pam, come on in. The girls are in the kitchen." Veronica replied as she stepped aside to let the other women in.

"How have you been Veronica? And how are Peter and the girls?" Pam asked, but Spencer could tell that there was something else going on by the slight strain in Pam's voice.

"Oh, we're all doing well. Melissa and Joseph are coping quite well without Ian being around and Spencer finally seems to be happy again." Veronica replied.

"Oh, I had forgotten that Melissa had had her baby. How old is he now?" Pam asked and Spencer could tell that the two older women were walking towards the kitchen.

"Spencer? Is everything okay?" Veronica asked her daughter when she saw her standing there.

"Oh, everything's fine. I was going to answer the front door but you beat me to it. It's nice to see you again Mrs. Fields." Spencer said politely.

"It's nice to see you again too Spencer." Pam replied.

"Emily's just in the other room. I'll go let her know that you're here." Spencer said as she turned around and started to head back into the kitchen before her mother spoke again.

"We'll just come with you Spencer. There's no need to not let Pam say hello to Hanna and Aria as well." Veronica said with a smile.

"Of course not." Spencer said simply. "Toby's here too." She added under her breath.

Despite things having a normalcy to them again, one thing that hadn't really changed that much was how much Veronica Hastings still didn't like Toby very much. At least Peter had started to warm up to the idea that his youngest daughter had found a guy who made her truly happy.

"What was that dear?" Veronica asked.

"Oh, I just said that Toby's here too. He's in the kitchen talking to the girls. It would be rude if Pam didn't say hi to him too since she would be saying hi to Aria and Hanna." Spencer said. Whenever the subject of Toby came up with her mom, Spencer always had to keep a tight lip to keep from blowing up at her mom; especially when there were other people around.

"Oh, right. I had forgotten that Toby was here as well. But, we shouldn't just stand around here talking; Pam, you did say that you needed Emily at home, right?" Veronica said.

"That is true. And if Toby's here, I should let him know that his step-sister is looking for him." Pam said with a small nod.

The look of slight terror that flashed in Spencer's eyes went unnoticed by the two older women.

"Jenna's looking for Toby? Do you know why?" Spencer asked slowly.

"Unfortunately, no, I don't know why. The girl wouldn't tell me. She was actually very rude about asking if I had seen him." Pam said with a shake of her head.

"Jenna does tend to be a little too possessive of Toby." Spencer commented as she turned and walked towards the kitchen.

"Who was at the door Spencer?" Hanna asked, but before Spencer could answer, Pam and Veronica walked into the room.

"Emily, I need you at home. And Toby, your step-sister is looking for you. And she seems extremely… annoyed, to put it nicely… that you aren't at home." Pam said.

"Mom, is everything okay?" Emily asked as she grabbed her bag and her phone.

"No Emily, everything is not okay." Pam said and everyone could see the pain and worry in her eyes.

"Is it Dad?" Emily asked slowly.

"Yes." Pam said simply before breaking down into tears.

"Emily, you should get your mom home. We'll talk to you later." Hanna said softly.

"Okay. See you guys later." Emily said as she led her mom out of the room.

"I should head home too. It won't do me any good to have Jenna being pissed at me." Toby said as he wrapped his arms around Spencer's waist and kissed her temple. "I'll talk to you in the morning." He added before he followed Emily and Pam out.

"Are you girls staying over tonight?" Veronica asked turning towards Aria and Hanna.

"I have plans tonight." Aria said as she grabbed her stuff and blew a kiss to Spencer and Hanna before smiling at Veronica and walking out the back door.

"I'll stay if that's okay with you Mrs. Hastings." Hanna said with a smile.

"Of course that's okay with me Hanna; just make sure that you call your mom and let her know where you are." Veronica said before she headed up the stairs.

"Spill." Hanna said once she was sure that Spencer's mom was out of ear shot.

"Han, there's nothing to talk about." Spencer said simply.

"Spence, you're mom still hates your boyfriend. It's been a freakin' year!" Hanna exclaimed.

"Will you keep your voice down?" Spencer asked quickly.

"Sorry. But really Spencer, what gives? Why hasn't your mom come around about Toby like your dad and Melissa have?" Hanna asked.

"I'm not sure. But I'm not going to push my luck. If it takes time for my mom to come around about Toby, then time is what I'll take. At least she's being civil to him." Spencer said with a shrug.

"That's true I guess." Hanna said as her phone beeped saying she had a text message.

**Hanna, please come home soon. There's something that I need to tell you. – Mom**

Mom, I'm staying at Spencer's house tonight. Can it wait 'til morning? – Hanna

**I guess… but I want you home right after you eat breakfast. – Mom**

Okay. Love you. – Hanna

**Love you too. – Mom**

"Who was that? Lover boy?" Spencer asked with a smirk.

"No. My mom actually." Hanna said showing her phone to Spencer.

"Oh, okay then." Spencer said with a small nod as her phone went off.

**Made it home. I will call you in the morning and tell you everything about what happens with Jenna. I love you Spencer. Sleep tight. – Love Toby**

Okay. I'll talk to you in the morning. I love you too, Toby. Try and sleep well. – Love Spencer

"Was that your lover boy?" Hanna asked in a slight sing-songy voice.

"Yes it was. He was letting me know that he made it home." Spencer said with a small smile.

"What's with the smile Spence?" Hanna asked.

"Oh, nothing. Let's get some sleep." Spencer said as she started to head up the stairs to her room with Hanna right behind her.

As Spencer and Hanna reached the top of the stairs there was a pounding on the door downstairs. Turning to look at her best friend, Spencer looked down the hall to see her parents coming out of their room.

"What's going on Spencer?" Peter asked his daughter.

"I'm not sure Dad. Hanna and I were heading to bed." Spencer answered as the pounding happened… this time accompanied by a voice.

"SPENCER!" Toby called from the back door and before anyone could stop her, Spencer was flying down the stairs.

Swinging the back door open, Spencer was pulled into Toby's embrace.

"Toby, what's wrong?" Spencer tried to ask, but with Toby holding her as close as he was, it came out as a mumble.

"Toby? What's wrong?" Hanna asked while she tried to pry Toby's arms off of Spencer a little bit.

"The police were at my house." Toby said slowly and sadly.

"What? Why?" Spencer asked as she looked up at her boyfriend.

"They've found some new, more solid evidence against both of us Spencer." Toby said not meeting her eyes.

"That's not possible." Peter said from his and his wife's spot at the bottom of the stairs.

"I don't want to believe it either Sir, but there's nothing anyone to do. They are letting Spencer and I say goodbye to our friends and family, but they are putting us both under arrest." Toby explained.

"It's been a year! Can't they just let it go!" Hanna exclaimed as Spencer started to cry.

"It's all they've been doing in this past year Hanna; looking for solid evidence against Spencer and I. We have until 9am tomorrow morning to say goodbye to everyone before they arrest us both." Toby said.

"They can't do this!" Hanna exclaimed.

"Yes they can Hanna." Veronica said meekly.

"How? Neither Spencer nor Toby killed Alison!" Hanna yelled. She was not going to let her best friend be arrested for something that she didn't do.

"Hanna, it's what they do." Peter said.

"If they have solid evidence against Spencer and Toby, then they have to do their jobs. No matter how much we believe that neither of them didn't do it, we can't fight it." Veronica said before turning around and heading back upstairs.

"Mom?" Spencer said quietly. How could her mom just walk away from this?

"Spencer, listen to me." Peter said walking over to his daughter. "Both your mother and I are lawyers. Now, I'm not sure about your mother, but I am here for you and Toby, I will represent both of you and I will make sure that you both get out of jail." Peter said as he held Spencer close to him.

"Dad, my boyfriend are being arrested in the morning for killing Alison. And you know that neither of us killed her. Isn't there something that you can do to have it so that we aren't arrested?" Spencer asked through her tears.

"I'm so sorry Spencer, but right now, if the police have made up their minds, there's nothing that I can do to change it. But I will not let you be accused for long on something that you didn't do." Peter said as he kissed Spencer's forehead.

"Sir, can I talk to you outside for a minute?" Toby asked.

"Of course." Peter said as he looked at his daughter before standing up. "Everything will work out okay in the end."

"Hanna, what am going to do?" Spencer asked her best friend.

"I don't know Spence, I really don't know." Hanna said while wrapping her arm around Spencer's shoulders.

"What did you want to talk about Toby?" Peter asked once he and the younger man were outside.

"Sir, I know that things didn't get off on the right foot with each other, and I don't blame you or your wife, but I need you to know that I really do love your daughter and I don't want to see anything happen to her. And I feel 100% responsible for the situation that she is in now; is there anything that I can do to make it up to you?" Toby asked.

"There is one thing that I can think of. Take away from Rosewood for the night. Take her somewhere where it's just you two and you don't have to think about what's going to happen in the morning." Peter said.

"I will. Thank you Sir." Toby said with a small smile. If Spencer's dad was giving him permission to take Spencer away from all of this, even for just one night, he was going to make sure that Spencer had a good time away from all of the speculation and the arrest that was awaiting both of them in the morning.

Walking back into the house, Toby was heartbroken to see Spencer crying on Hanna's shoulder. Toby couldn't help but feel responsible for everything that had happened to Spencer and he was going to make it up to her the best that he could if it was the last thing that he did.

"Spence?" Toby asked softly causing her to look up at him with tear stained cheeks.

"Yeah?" she asked as her voice broke a little bit.

"We're getting out of here for the night. Your dad asked me to take you away for tonight so that you don't have to think about what's going to happen tomorrow. Come on." Toby said as he wiped a few stray tears away from Spencer's cheek with his thumb.

"What about Hanna? She was going to spend the night." Spencer said quickly.

"I'll be fine Spence. My mom wanted me home tonight anyway." Hanna said as she gave Spencer a huge hug before turning to Toby. "You had better take care of her tonight."

"I will Hanna. Will you please let Emily and Aria know what's going on? Spencer and I need to go." Toby said and Hanna nodded. "Thank you. Come on Spencer, we have to go." He said taking Spencer's hand in his and leading her out the door.

"Where are we going to go?" Spencer asked meekly.

"I'm not sure, but somewhere that's not in Rosewood." Toby said softly.

**End Chapter One**

(A/N: I hope you liked the chapter. I know that I have other stories that I have to finish, but when this idea came to me, I had to write it. I will do my best to get my other stories updated soon. But in the mean time, please let me know what you thought about this chapter. – Emma)


	2. Chapter 2

Guilty Until Proven Innocent

Chapter Two

**Emily**

After Emily and her mom left the Hastings' house, the car ride home was silent. And it wasn't a comfortable silence. Since Pam was too upset to drive, Emily gently took the keys out of her mom's hand and got into the driver's seat and started the car. A few times on the 10 minute car ride from Spencer's house to their own, Emily glanced over at her mom to see tears glistening off of her mom's cheeks.

"Mom, what happened to dad?" Emily asked softly as they pulled up to a stop sign.

"Please Emily; please just wait until we get home." Pam begged her daughter. She didn't want to say anything until they were in the safety of their house.

"Mom, why won't you just tell me?" Emily asked as she pulled forward and made the turn onto their street.

Before Pam could respond again, Emily passed in front of the Cavanaugh's house and saw two police cars parked on the street and the officers were talking to Jenna and her mom.

"That bitch." Emily muttered under her breath but her mom still heard her.

"Watch your language Emily." Pam warned.

"Sorry." Emily muttered as she pulled into the driveway of their house and got out of the car.

As she went to walk over to the Cavanaugh's house, Emily stopped when she saw the smug look on Jenna's face… and then noticed that Jenna wasn't wearing her sunglasses anymore.

"She's not blind anymore?" Emily asked turning to look at her mom.

"No, she just got back yesterday from having surgery on her eyes. She can see clearly now, so she knows 100% when Toby isn't home." Pam said through gritted teeth.

Of course, like the Hastings', Pam hadn't been fond of Toby, especially after he had caused Emily's injury at the Homecoming Dance the year before, but like Peter, Toby had grown on Pam and she had started to except him. And after sitting down and really talking to Emily, Pam's view on Jenna drastically changed as well; only it was a drastic change for the worse.

"Is that why Jenna was looking for Toby? Because the police are there?" Emily asked. She already hated Jenna for what she had forced Toby to do, but this was just too far.

"Yes. She wanted to rub it in Toby's face that he can't sneak out of the house to see Spencer anymore." Pam replied with a shake of her head. She was quickly starting to not want anything to do with that girl.

"Seriously, what is wrong with her? She can't control Toby, and she can't play the victim card anymore. If she's not blind anymore, then Toby should be free of her control." Emily said as she balled her hands into fists.

"Emily, let's go inside. We have things that we need to discuss." Pam said; she knew that if she and her daughter continued to stand outside discussing Jenna and Toby, things would start to get ugly.

"Fine, let's go inside." Emily agreed with a sigh. Oh how she wanted to strangle Jenna.

As Emily followed her mom into the house, it took a moment or two for her to notice that piles of flattened moving boxes.

"Mom, what's going on?" Emily asked quickly. She knew that something was wrong with her dad, but did they really have to move to Texas? Couldn't the military just transport her dad back to Pennsylvania?

"Emily, your father was in a really bad accident and his unit leader wants us to move there to be with him while he gets better." Pam explained.

"Can't they just transport him back here? That way we wouldn't have to leave. And Dad would be at home." Emily tried.

"You're father's physical condition is too unstable for him to be transported here. That's why we have to go there." Pam said.

"Then why can't we just go down there and stay somewhere that is close to the base that Dad is stationed out of? It's not fair to make us move if we can just as easily stay somewhere nearby." Emily said as tears started to sting at her eyes. She didn't want to leave her friends permanently. If there was no way to just stay somewhere that was near the base, then Emily would resort to begging her friends to let her stay with them instead.

"I'm sorry Emily. Your dad's supervisor has already made plans for us to move into a house that is near the base. Everything is already paid for. We just need to be there by Friday." Pam said sadly.

"MOM! That's not fair! What about my friends? Everything just started getting back to normal a few months ago. You can't just expect me to be okay with moving so soon after everything about Alison's death finally died down. Not to mention Ian's death. Mom, please don't make me move to Texas. I will be happy to go down there and stay until Dad is getting better; but I do not want to move down to Texas. I love you, and I love Dad, but I don't want to leave my friends." Emily said before she ran up the stairs to her room and slammed her door shut before collapsing on her bed and crying.

**Toby**

Made it home. I will call you in the morning and tell you everything about what happens with Jenna. I love you Spencer. Sleep tight. – Love Toby

**Okay. I'll talk to you in the morning. I love you too, Toby. Try and sleep well. – Love Spencer**

"Toby, there you are." Jenna said once she saw Toby walk up to the house.

"When did you get back?" Toby asked not going anywhere near his step-sister.

"Late last night. Where have you been all day?" Jenna asked as she stepped a little bit closer to Toby.

"That's none of your business. What's going on?" Toby asked, looking around and noticing the two police cars and the two officers talking to his step-mom.

"Oh Toby, it's just awful. The police have found solid evidence against you. And Spencer too. They don't have a choice Toby." Jenna said, obviously faking concern as she walked right up to Toby and hugged him, which he didn't return.

"Like hell you think it's awful." Toby whispered in her ear as he pushed her away from him.

"Toby, why would I not think that it's awful that you are being arrested again?" Jenna asked, feigning hurt.

"Just stay the hell away from me. And stay the hell away from my girlfriend." Toby said as he walked away from a shocked Jenna and right up to the officers that were standing there, patiently waiting for him.

"Toby Cavanaugh, you're under arrest for the…" one of the officers started to say before Toby cut him off.

"Officers, I'm not trying to resist arrest, but is there any way that you two could let me and Spencer Hastings have one last night to say goodbye to our friends before you arrest us? Please, it's been a year since we were last suspected, and it's kind of blindsiding us that you all of a sudden have solid evidence." Toby said. He wasn't one for begging, but he wanted to give Spencer and himself one last night of freedom before they were arrested.

"You have until tomorrow morning at 9am to say goodbye. But at 9am sharp, we are going to be here to take you in. Both of you." One of the officers said with a sigh. It wasn't common for someone being arrested to request one more night before their arrest, so there wasn't much either of the officers could do other than to give Toby what he asked for.

"Toby just let it go. You are not going to be able to save that girl. Don't put this off." Jenna's mom said placing a hand on her step-son's shoulder.

"_**That**_ _**girl's**_ name is Spencer, and she happens to be my girlfriend. I know that you and your daughter don't care for me much, or how I feel about people, but this isn't any of your concern. You aren't my mother so butt the hell out of my life." Toby said pushing his step-mom's hand off of his shoulder and then walking past her. "Oh, Officers, thank you for allowing Spencer and I one last night to say goodbye to everyone. I promise you that neither of us will resist arrest in the morning." He added before he walked into the house and straight to his room to grab a duffle bag and some clothes.

As Toby walked back out of his room, he was met with a seething Jenna.

"What the hell is wrong with you? Why the hell are you protecting her?" Jenna asked, her hands clenched in fists.

"Because she my girlfriend! And there's nothing illegal about Spencer and I being together; unlike when _**you**_ forced yourself on _**me**_!" Toby said pushing passed his step-sister and out of the house and heading straight back to Spencer's house to inform her on what was going on.

"Where do you think you're going?" Jenna's mom asked with her arms folded across her chest as Toby walked passed her with his duffle bag.

"I'm going back to my girlfriend's house so that she isn't blind-sided by an arrest in the morning." Toby shot back.

**Aria**

After leaving Spencer's house, Aria sat in her car for a minute or two debating on where she wanted to go. She really didn't have plans for that night, but she had to get away from Spencer's mom. Since it had been a while since she had seen or even talked to Ezra, Aria pulled out her phone and punched in the phone number. Unfortunately, when the call was answered, Aria wasn't happy with who had picked up.

"**Hello?**" the female voice said.

"Hi, I'm looking for Ezra Fitz." Aria replied.

"**Ezra is a little busy at the moment, can I take a message?**" the woman asked.

"Uh, no, but who am I speaking with?" Aria asked, although she had a hunch at who it was.

"**This is Jackie. And who are you?**" Jackie asked.

"Just a friend of Ezra's. I'll call back later." Aria said before she hung up. How could he do that to her? They had just broken up a month and a half before and he already had Jackie, his ex-fiancée over and answering his phone for him?

As Aria drove away from the Hastings' household, she was surprised to see Toby driving back towards it. Flashing her lights at him, Aria turned off the engine in her car and got out and after making sure no other cars were coming, she hurried across the street to Toby's car where he had rolled the window down.

"Is everything okay Toby? You left Spencer's house about 20 minutes ago. Why are you heading back?" Aria asked.

"The damn investigation." Toby said simply.

"The investigation? As in Alison's murder investigation? The one that the cops had no solid evidence against you or Spence and dropped all of the charges against both of you?" Aria asked.

"Yeah, that investigation." Toby muttered bitterly.

"What happened with it?" Aria asked.

"The police have apparently found some actual solid evidence against Spencer and I and they are going to arrest us in the morning. But I have to go. I need to get back to Spencer." Toby said.

"Okay, I'll see you later." Aria said as she went to turn around and head back to her car.

"Aria, the only way that you will be seeing me later is if you come visit me in jail." Toby called out to her.

"Oh god." Aria said as she turned back around to stare at her best friend's boyfriend.

"Exactly. Spencer and I are being arrested in the morning. You won't be seeing either of us much unless it's coming to visit us. Hopefully at least Spencer's dad can do something to help us." Toby said with a sigh. "I gotta go." He added as he rolled up his window and continued to drive toward Spencer's house.

"This is not good." Aria muttered as she got back into her car in time to hear her cell phone go off saying that she had a text message.

**Two down, three to go. Count your blessings my Darling. – A**

As Aria read the message, her breath caught in her throat. It had been a little over a year since Aria had received a text from 'A' but it seemed liked now that the investigation was back, so was 'A'. Ready with more tricks… and more secrets.

**Toby**

As Toby pulled up in front of the Hastings' house, he saw that Spencer's bedroom light was off. He really hoped that that meant that she was still awake and that she was downstairs still. Parking his car and getting out, Toby hurried around toward the back door.

"Toby, what are you doing here?" Melissa asked as she walked out of the barn bouncing her son, Joseph.

"I need to talk to Spencer and your dad. Do you know if they are still awake?" Toby asked as he smiled down at the baby boy.

"I'm not entirely sure. I haven't been inside the house all day. While Joey was sleeping, I was cleaning up around the barn." Melissa said with a small shake of her head.

"Oh, okay. I'll just go knock on the backdoor then." Toby said as he gave Melissa a hug and lightly kissed Joseph on the forehead.

"You'll be a great dad someday Toby." Melissa commented, startling Toby a little.

"What do you mean?" Toby asked slowly.

"I've seen the way you act around Joey. You have that father like quality to you. One that Ian never really had before he died. Spencer is lucky to have you in her life. And I hope to see you two stay together for a while." Melissa explained as she looked from Toby to the baby boy in her arms and then back to Toby.

"Thank you Melissa." Toby said with a smile. "But I do have to tell you that the investigation has risen once again and that Spencer and I are being arrested in the morning." Toby added sadly.

"What? They can't do that. It's been a year." Melissa said, shock written all over her face.

"I know. And I wish it wasn't true, but it is. The police were at my house. They wanted to arrest us today, but I managed to convince them to give us until the morning to say goodbye to our family and friends." Toby said shaking his head. Even though it had been a year, Toby still blamed himself for Spencer being put through this. But he couldn't say that he wasn't happy about the outcome. Toby was genuinely happy that the investigation of Spencer had brought them together.

"So what are you going to do tonight?" Melissa asked with a raised eyebrow.

"I'm going to ask your parents, or at least your dad, if there is anything that I can do to make up for putting Spencer through all of this again." Toby admitted. He wasn't going to lie to one of the two people in Spencer's family that had grown to like him, and actually accepted his and Spencer's relationship.

"I hope that my dad has something that you can do. All I have to say is take care of my sister tonight. She's going to need you." Melissa said as she walked back into the barn to put Joseph to bed.

After watching Melissa walk back into the barn with her son, Toby hurried toward the backdoor of the Hastings' household. Looking into the kitchen area, Toby was slightly disappointed that no one was standing in there, so a regular knock wouldn't suffice much. Not seeing any other option, Toby pounded on the door. And after a minute or so of no response, Toby pounded on the door again, this time calling out to the one person that he needed to talk to the most.

"SPENCER!" Toby yelled. And this time, Toby saw Spencer come flying down the stairs and when she swung open the door, Toby pulled her into a huge hug.

As Toby explained everything to Spencer, Hanna and Spencer's parents, all he could think about was making it up to Spencer, and even her parents. If it wasn't for him, Spencer wouldn't have been in this situation in the first place. It had been Toby that had taken the blame for Jenna's blindness, it had been Toby that had originally been the main suspect in Alison's murder, and it had been Toby that Spencer's parents wanted her to stay away from. But, in a small little section of his mind, Toby was a little bit happy that all of this had happened; because if it hadn't, Spencer wouldn't have come to tutor him, and they wouldn't have gotten together. Toby loved Spencer with everything that he had, and if he only had one night to make everything in Rosewood disappear for Spencer that was what he was going to do.

"Sir, can I talk to you outside for a minute?" Toby asked.

"Of course." Peter said as he looked at his daughter before standing up. "Everything will work out in the end."

As Toby and Peter walked outside, Toby heard Spencer ask Hanna what she was going to do, and Toby's heart broke. He was the cause of her pain, and he was going to fix it.

"What did you want to talk about Toby?" Peter asked once he and Toby were outside.

"Sir, I know that things didn't get off on the right foot with each other, and I don't blame you or your wife, but I need you to know that I really do love your daughter and I don't want to see anything happen to her. And I feel 100% responsible for the situation that she is in now; is there anything that I can do to make it up to you?" Toby asked.

"There is one thing that I can think of. Take Spencer away from Rosewood for the night. Take her somewhere where it's just you two and you don't have to think about what's going to happen in the morning." Peter said.

"I will. Thank you Sir." Toby said with a small smile. If Spencer's dad was giving him permission to take Spencer away from all of this, even for just one night, he was going to make sure that Spencer had a good time away from all of the speculation and the arrest that was awaiting both of them in the morning.

Walking back into the house, Toby was even more heartbroken to see Spencer crying on Hanna's shoulder. The rush of feeling completely responsible for everything that had happened to Spencer hit Toby yet again and once again he promised himself that he was going to make it up to her the best way that he could, even if it was the last thing he did.

"Spence?" Toby asked softly causing her to look up at him with tear stained cheeks.

"Yeah?" she asked as her voice broke a little bit.

"We're getting out of here for the night. Your dad asked me to take you away for tonight so that you don't have to think about what's going to happen tomorrow. Come on." Toby said as he wiped a few stray tears away from Spencer's cheek with his thumb.

"What about Hanna? She was going to spend the night." Spencer said quickly.

"I'll be fine Spence. My mom wanted me home tonight anyway." Hanna said as she gave Spencer a huge hug before turning to Toby. "You had better take care of her tonight."

"I will Hanna. Will you please let Emily and Aria know what's going on? Spencer and I need to go." Toby said and Hanna nodded. "Thank you. Come on Spencer, we have to go." He said taking Spencer's hand in his and leading her out the door.

"Where are we going to go?" Spencer asked meekly.

"I'm not sure, but somewhere that's not in Rosewood." Toby said softly.

**Spencer and Toby**

As Toby led Spencer to his car, all he could think about was comforting her. She was still teary eyed, so Toby did what he could by pulling her close to him and wiping as many of the tears away as he could.

"T-T-Toby? What's going to happen?" Spencer asked looking up at him.

"I wish I knew for certain Spence. All I know is that we have one last night together and that I am going to make everything up to you as best as I can." Toby replied with a sigh. He hated seeing his girlfriend like this, and he hated himself for causing her to be like this.

Seeing the saddened and slightly angry look on Toby's face, Spencer quickly guessed what he was thinking about.

"Toby, this isn't your fault. None of this is. All of this happened because of Alison. She was the one that made you get a bad rep in Rosewood. It's her death that caused all of this; nothing that has happened to us is your fault. Please, I don't like it when you blame yourself." Spencer said as she pulled at his shirt so that their lips were only a few inches apart.

Looking into his girlfriends tear filled eyes; Toby did the one thing that he had wanted to do all day. He wrapped his arms around Spencer's waist, pulled her toward him and kissed her passionately. Pulling away when the need for air became apparent, Toby grabbed his keys out of his pocket, unlocked the doors to his car, helped Spencer get in, closed the door behind her, and then hurried to the driver's side.

"Toby, do you have any ideas as to where we are going to go?" Spencer asked as Toby pulled away from the curb.

"Only one." Toby said as he side-glanced as Spencer.

"Where?" Spencer asked slowly.

"The motel." Toby answered as he focused on his driving.

"The motel." Spencer repeated with a small smile on her face. _'The motel where we had our first kiss.'_ She added in her mind.

**End Chapter Two**

(A/N: I know that the timing from chapter one doesn't add up with the timing in this chapter, and I apologize greatly for that. But this chapter was kinda just a filler chapter, to explain what Emily and her mom, Toby, and Aria did once they left Spencer's house; so I hope you liked it. The next chapter will explain what Hanna did once Spencer and Toby left, and then there will be lots of Spencer/Toby-ness as well. The arrest will most likely happen in chapter four. Please let me know what you think of this chapter, and I hope to have chapter three up sooner than I got this one up. – Emma.)


	3. Chapter 3

Guilty Until Proven Innocent

Chapter Three

**Hanna**

As Hanna gathered her things from the Hastings' kitchen area, she couldn't stop thinking about how things didn't completely add up. If the police had continued to look for evidence against Spencer and Toby, wouldn't they have told them that they were still being suspected? Especially since it had been a year since either of the two teens had been suspected to begin with. Everything had just started to settle back down after Ali and Ian's deaths, and the police hadn't come anywhere near any of the girls in the past year. And now, out of the blue, the police had solid evidence against Spencer and Toby? Even though she hadn't gotten anything from the bitch that called herself/himself/itself 'A', Hanna still knew that 'A' had to be behind this. How else would the police have evidence against Spencer and Toby after a year of nothing?

As Hanna was walking out of the front door of the Hastings' house, and to her car, Hanna heard her phone go off saying that she had a text. With a sigh and a roll of her eyes, thinking that it was her mom, Hanna pulled her phone out of her purse and opened the text. It was then that her face paled considerably and her whole body started to shake.

**You always were the intuitive one Han. And someday, that intuitiveness will get you into trouble; trouble that I can't help you out of. – A**

Looking around her, Hanna tried to catch a glimpse of someone watching her; but unfortunately, there was no one in sight. _'Just like always. She sees us, but we never see her.'_ Hanna thought as she hurried to her car and got into the driver's seat. And just as quickly as Hanna's face had paled and her body had started shaking, she fell into a false sense of security… that is until a black SUV ran a stop sign and hit the passenger side of Hanna's car.

**Spencer and Toby**

As soon as Spencer and Toby reached the motel, Spencer couldn't let go of Toby's arm. She didn't like being alone anymore, and Toby was always the one that she clung to now-a-days whenever they were together. Once Toby had paid for the room for the night, and they walked in, Spencer was all over Toby.

"Spencer, please don't do this." Toby said as he closed and locked the door behind him.

"Toby; this is our last night together. We are being freaking arrested in the morning. Please give this to me. Neither of us knows when we'll have this opportunity again." Spencer said with a huff as she folded her arms across her chest.

"Spence, you know that I love you, and I know that you love me, but we can't do this. With your dad representing us, we should be out of jail within a few days." Toby said.

"We should be? What if we aren't Toby? What then? What if we never get to see each other again?" Spencer asked.

"Spencer… you are way too stubborn." Toby commented as he pulled her toward him.

"And more times than not, my stubbornness can get me what I want." Spencer said as she stared up at him.

"Why do you want to do this so badly?" Toby asked. The truth was, he wanted to have sex with Spencer, but he didn't want her to regret anything.

"Because I love you. I have never loved or cared about anyone as much as I love and care about you. We have been through so much together that I doubt that if this whole thing hadn't happened, we would ever break up. But now that the future is even more unclear as it already was, I don't want to wait anymore. We have been together for a year, and you never want to have sex. And I've never pushed the matter. But I'm pushing it now, because we might not get another chance." Spencer said with a sigh.

"I never knew that you felt that way." Toby said as he caressed Spencer's cheek.

"That's because you never asked." Spencer commented softly before she leaned up and pushed her lips against his.

Keeping one hand on the small of Spencer's back, and the other behind her head, Toby responded to the kiss with as much passion as he could. Smiling on the inside, Spencer pushed her body as close as she could to Toby's. Quickly picking Spencer up, Toby wrapped his girlfriend's legs around his waist, while Spencer wrapped her arms around his neck and he wrapped his arms around her waist so that she wouldn't fall.

Having been to the motel numerous times since their stakeout, Toby walked the few feet to the bed and gently laid Spencer down while he positioned himself over her in a way that wouldn't crush Spencer.

"Toby…" Spencer muttered as Toby his lips from hers to her neck and started gently sucking the spot where her neck met her shoulder.

"Yes?" Toby asked pulling back a little bit.

"Do you have…?" Spencer started to ask but stopped when Toby held up the object in question.

"Of course I do. Why would I not? I'm a teenage guy Spence." Toby whispered in Spencer's ear making her eyes open wide.

"You've been prepared this entire time, yet you never wanted to have…?" Spencer started, but was cut off by Toby's lips.

"This is not going to work with what we're wearing." Toby muttered against his girlfriend's lips.

"Then do something about it Toby." Spencer said with a smirk.

As Spencer and Toby continued to make out, Spencer's phone started ringing.

"Should you answer that?" Toby asked.

"No, it's probably my parents." Spencer responded as the phone went silent for a couple seconds before it started ringing again.

"Spence, it might be important." Toby said and Spencer sighed before pushing Toby off of her and grabbing her phone.

"Hm, it's Hanna's mom." Spencer said hitting the answer button. "Hello?" Spencer asked.

"_Spencer, it's Ashley, Hanna's in the hospital again. Can you please get a hold of Aria and Emily and meet me down here?"_ Ashley asked quickly.

"Sure. We'll be there soon Mrs. Marin." Spencer said looking over her shoulder at Toby who was already buttoning his shirt back up and grabbing the keys to the car.

"Where do you need to be?" Toby asked once Spencer had hung up the phone.

"Hanna's in the hospital." Spencer said simply.

"Let's go." Toby said quickly.

**SOS. Han's in the hospital; Ashley wants us to meet her there. – Spencer**

**End Chapter Three**

(A/N: I'm sorry; I'm sorry; I'm sorry; I'm so very sorry for taking so long to get this chapter up. I know that I promised more Spencer/Toby-ness, and that is coming. But, on a side note, who do you all want to have been the one that ran into the passenger side of Hanna's car? A, or someone else? Let me know your ideas either in a review or in a PM. – Emma)


	4. Chapter 4

Guilty Until Proven Innocent

Chapter Four

**Aria**

After talking with Toby and receiving the text from 'A', Aria just sat in her car. She needed to go somewhere, talk to someone. She considered sending a text to Emily, or even Hanna, but what caught her attention was Jason DiLaurentis throwing broken down boxes and pieces of wood into a dumpster in his front yard. Starting up her car again, Aria turned towards the DiLaurentis' house and drove the short distance into their dirt driveway. Upon parking the car, Aria slowly got out and approached Ali's older brother.

"Jason?" Aria asked slowly, causing the guy in question to snap his head up.

"Aria? What are you doing here?" Jason asked as he took a few big steps so that he was in front of her.

"I didn't know where else to go. Emily had to go home because something happened with her dad; Hanna is probably at home by now, because I saw her drive away from Spencer's house; and Toby just went back to Spencer's to tell her some not so great news… I didn't know where I was going to go, but then I saw you out here, throwing stuff into the dumpster." Aria admitted.

"I heard that you had a boyfriend…" Jason said, trailing off at the end.

"We broke up a month and a half ago, and he's already back with his ex-fiancée." Aria replied bitterly.

"I'm sorry Aria… I shouldn't have mentioned it." Jason apologized quickly.

"It's not your fault; you didn't know. But I need to keep busy, is there anything that I can do to help?" Aria asked.

"Um, I'm not sure what there is to do right now that you can help with, but we could go inside, get something to drink, and talk, if that's alright with you." Jason offered.

"That sounds great Jason." Aria said with a smile.

"Do you mind if I ask you a kinda personal question?" Jason asked cautiously.

"Go ahead." Aria said.

"Did you break up with your ex-boyfriend, or did the bastard break up with you?" Jason asked.

"Well, he broke up with me, but I saw it coming. We had been drifting apart since he had taken the job at Hollis, and whenever we would make plans, he would either cancel them, or cut them short." Aria admitted, not realizing that she had just inadvertently told Jason that her now ex-boyfriend had been her teacher.

"You're ex-boyfriend was one of your teachers?" Jason asked in disbelief.

"What? No, of course not!" Aria exclaimed.

"Aria, you just said that you had been drifting apart since he took a job at Hollis… Aria, how old was this guy?" Jason asked.

"Well, um… you know, he had just graduated from Hollis in June, and he thought that I was in college…" Aria said, avoiding making eye-contact with Jason.

"Aria, please tell me that he didn't force you to do something you didn't want to do." Jason said sharply, but with a caring undertone to it.

"He would never do that Jason." Aria said quickly.

"What's his name? And you never did say how old he is." Jason responded.

"His name is Ezra Fitz and he's 27; okay. Are you happy now?" Aria asked.

"Not particularly. Aria, please tell me how could you date someone that is 10 years older than you?" Jason asked.

"We tried to stay away from each other, but every time we did, the chemistry between us just grew stronger, and we couldn't stay away." Aria said looking down.

"If he ever comes near you again, let me know. If he ever touches you in a way that you don't like, let me know. If he ever harms you in any way, let me know. I will hurt him if he ever touches you again." Jason said.

"You care about me that much?" Aria asked in disbelief.

"Yes Aria, I do. I don't know what it is about you, but ever since you and Ali had become friends, I always felt this strong need to protect you if you were ever in any kind of danger. I don't want to see you hurt Aria." Jason admitted.

"Thank you Jason." Aria said softly as she leaned up and gently gave him a kiss on the cheek.

"Come inside with me. I can get you something to eat, and something to drink and we can talk some more. I have a feeling that there is a lot that we have to talk about." Jason said taking Aria's hand in his and leading her inside.

As the hour went on, Aria and Jason talked about a lot of things. Most of it was completely useless, but then, there were also some things that had a deeper meaning to them. They talked about how school was going for Aria- useless; they talked about the renovations that Jason was making to the house- useless; they talked about how much Ali had ruined their lives- kind of useless, kind of had a deeper meaning to it; but the one topic that really irked Jason the most was when they were talking about Aria's relationship with Ezra- that definitely had a deeper meaning to it, and that was one that Jason really wanted to get into.

"Aria, what was it about this guy that had you all hot and bothered?" Jason asked.

"I cannot believe you just asked me that… you sounded like Hanna." Aria said with a small laugh and a bright smile that made Jason feel good inside.

"Aria, I'm being serious here. What did you see in him? If he was able to be around women that practically threw themselves at him, and he didn't fully see how you could be upset by that, why did you stay with him for so long?" Jason asked, and Aria became very serious herself.

"He seemed like a genuinely nice guy that liked me for me. Yes, granted, when we first met, he thought that I was in college, but besides that, he seemed to be really into me." Aria admitted as a tear escaped from her eye, which Jason quickly wiped away with his thumb.

"I didn't mean to make you upset Aria. I just want to know what I have to do for you to get over him, and get over the fact that he basically stayed with you because you would do what he asked you to do, without really giving you the same thing in return." Jason said as he stood up and wrapped his arms around Aria's waist.

"Jason, I have to tell you that…" Aria started to say, but was cut off by her phone going off.

**SOS. Han's in the hospital; Ashley wants us to meet her there. – Spencer**

"Oh god, Jason, I have to go." Aria said quickly as she stood up and fell a little into Jason's chest.

"I'll be here when you get back." Jason whispered in her ear before placing a small kiss on her cheek.

"I promise to call you the first chance I get." Aria responded.

"I'll be waiting." Jason said with a smile.

"That's what I'm counting on." Aria said before she grabbed her purse and hurried out to her car.

**Emily**

Pam didn't know what to do about Emily; she needed to be with her husband, but she didn't want to upset her daughter any further. After making a quick call to her husband's unit leader, Pam headed upstairs and knocked on Emily's door.

"Come in." Emily said from the other side of the closed door.

"Emily, we need to talk." Pam said.

"What is there to talk about? You already decided that we were moving away. So what is there that you could possibly tell me now?" Emily asked. She couldn't believe her mom was doing this to her, and so soon after everything in Rosewood had calmed down.

"I just spoke with your dad's unit leader and we came to a compromise. Since there is a month left of school, we still need to pack everything in the house, but I will leave Thursday morning for Texas, and you can stay here, if you can stay with one of your friends, and then you are to come down to Texas to meet up with me and your dad. You will be in Texas for the summer, and then come back for your senior year of High School, but other than that, we are still moving to Texas and once your dad is 100% better, and the doctor has cleared him for being able to fly, we will move back. But until then, we will be living in Texas." Pam explained.

"I guess that's okay. I'll call my friends and see if I can stay with any of them; and then I will let you know." Emily said with a small smile. She was happy that she would get to stay in Rosewood for the last month of her junior year, and then she would get to come back for her senior year, but now the only thing that stood in her way was getting a hold of her friends to see which one of them she could stay with.

Before even pulling out her phone, Emily pulled a notebook out of her bag, as well as a pen, and started writing the pros and cons that would come with living with each of her friends. Yes, Emily loved all of her friends, but there were still some quirks about each of the other girls that annoyed Emily to some degree.

As she was finishing up the cons side of staying with Hanna, Emily's phone went off indicating that she had a text.

**Wow Em, how do you think the others would react if they found out that you found things about them annoying? I'm betting, not so good. – A**

Emily froze after reading the text. How the hell could 'A' know that she was writing a pros and cons list about which one of her friends she wanted to stay with? Emily's room was on the second floor of the house, and all of her blinds were closed, as was her computer. Had 'A' planted hidden cameras around Emily's room? But that wouldn't compute, because 'A' hadn't been an active part of Emily, Hanna, Spencer or Aria's lives in over a year, so why was he/she/it back now?

Looking down at her phone, Emily quickly deleted the text. Yes, it was probably a bad idea to hide a text from the monster, but Emily didn't want to risk her friends seeing it before she had a chance to talk to any of them. Glancing at her notebook, Emily let out a sigh. She didn't care about the things that annoyed her about her friends. If it meant that she got to stay in Rosewood for the last month of junior year, and then come back for senior year, Emily would stay at who's ever house she was welcome to stay at.

A few minutes later, Emily's phone went off again with another text. Holding her breath, Emily opened the message and let the breath out when she was that it was from Spencer.

**SOS. Han's in the hospital; Ashley wants us to meet her there. – Spencer**

"Mom, I'm heading to the hospital!" Emily called out as she grabbed her bag and her keys.

"Why? What's wrong? Are you feeling okay?" Pam asked as she stepped into the entry way at the bottom of the stairs.

"I'm fine. I just got a text from Spencer. Hanna's in the hospital again. Her mom wants me, Aria and Spencer to meet her there." Emily explained.

"Let me drive you Emily; I don't want you to get into an accident." Pam said quickly.

"No mom, I'll be fine. I just need to get there." Emily said as her phone started ringing. "Hello?" she answered.

"_Em, its Aria, come outside. We'll go to the hospital together."_ Aria said from the other end of the line.

"Okay, I'll be out in a second." Emily replied before hanging up. "Mom, I promise to call you as soon as I have news on Hanna." She added to her mom before hurrying out the door.

"Aria, did you receive a text from… it?" Emily asked the last word in a whisper.

"Yeah, I did. And it wasn't a good one." Aria admitted.

"What did it say?" Emily asked.

"Look for yourself." Aria said handing Emily her phone while she pulled away from the curb and started driving toward the hospital.

**Two down, three to go. Count your blessings my Darling. – A**

"Aria… what do you know?" Emily asked.

"I'll let Spencer explain when we get to the hospital." Aria said. She didn't want to be the one that told Emily that Spencer and Toby were being arrested in the morning.

"And what did it mean by 'two down, three to go'? There are only 4 of us." Emily added.

"Toby is included now. The 'two down' part is talking about Spencer and Toby. The 'three to go' is talking about you, me and Hanna." Aria explained.

"Aria!" Emily exclaimed.

"Em, I'm sorry, but it's not my place to say what 'A' has planned for Spence and Toby. Please just wait until we get to the hospital and Spencer can tell you." Aria said as she pulled to a stop at a red light.

"Fine." Emily muttered.

**Spencer and Toby**

"Where are they? I texted them 20 minutes ago. They should be here by now." Spencer said pacing back and forth.

"Spence, please try and relax. They'll be here. Don't worry." Toby said trying to calm his girlfriend down.

"Toby, Hanna is in the hospital, again, and 'A' probably had something to do with it. You and I are going to be arrested in the morning, and 'A' probably has something to do with that as well; I don't want to think about what 'A' could have in store for Aria and Emily, but I can't help it. Whenever that monster gets involved, my mind conspires against me." Spencer said folding her arms across her chest while standing directly in front of Toby.

"You two are being arrested in the morning?" Emily asked from behind Spencer, causing Spencer to turn around quickly.

"Em, Aria, how long have you two been standing there?" Spencer asked, eyeing Toby with a slight glare.

"Long enough for Em to find that 'A' is behind what is happening tonight/tomorrow morning." Aria said.

"Great." Spencer muttered.

"What happened to Hanna?" Aria asked.

"Someone ran into the passenger side of her car. Luckily since it was the passenger side, and not the driver's side, Hanna only has a few cuts and bruises, but the doctors want to keep her overnight for observation." Ashley said as she walked up to the small group.

"Mrs. Marin, is Hanna going to be alright?" Emily asked.

"She'll be fine. Definitely not as bad as last time, but there is still a little bit of damage done." Ashley said quickly and quietly.

"Can we go in to see her?" Spencer asked.

"Not yet. The doctor that is her acting attending needs to do a couple more things before Hanna is allowed to have visitors." Ashley said.

"I don't mean to sound rude, or insensitive, but is there any way for Spencer and me to see her first? We don't have a lot of free time at the moment, and we were only given until the morning." Toby asked.

"Of course Toby, that is perfectly fine." Ashley said before walking away.

"Does she know about you two being arrested in the morning?" Aria asked.

"Yeah. She doesn't know all of the details, we just told her the basics, and she told us that she didn't need to know everything." Spencer responded.

After a moment or two of silence, all four of the teens' phones went off, indicating that they were getting a text message.

**My, my. Two are being arrested for my murder, one is in the hospital, one is leaving Rosewood, and one is getting cozy with my brother. You are all screwed. – A**

**End Chapter Four**

(A/N: Well, two chapters posted in one day, that's a record for me. Please tell me what you think of this chapter. – Emma)


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